[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR1252.410]



[Page 246]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1252_NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR 

ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of 

Contents

 

 Subpart 1252.4_Investigation, Conciliation, and Enforcement Procedures

 

Sec. 1252.410  Exhaustion of administrative remedies.



    (a) A complainant may file a civil action following the exhaustion 

of administrative remedies under the Act. Administrative remedies are 

exhausted if:

    (1) 180 days have elapsed since the complainant filed the complaint 

and NASA has made no finding with regard to the complaint; or

    (2) NASA issues any findings in favor of the recipient.

    (b) If NASA fails to make a finding within 180 days or issues a 

finding in favor of the recipient, NASA will:

    (1) Promptly advise the complainant of this fact; and

    (2) Advise the complainant of his or her right to bring a civil 

action for injunctive relief; and

    (3) Inform the complainant:

    (i) That the complainant may bring a civil action only in a United 

States district court for the district in which the recipient is located 

or transacts business;

    (ii) That a complainant prevailing in a civil action has the right 

to be awarded the costs of the action, including reasonable attorney's 

fees, but that the complainant must demand these costs in the complaint.

    (iii) That before commencing the action the complainant shall give 

30 days notice by registered mail to the Administrator, the Attorney 

General of the United States, and

    (iv) That the notice must state: the alleged violation of the act; 

the relief requested; the court in which the complainant is bringing the 

action; and, whether or not attorney's fees are demanded in the event 

the complainant prevails; and

    (v) That the complainant may not bring an action if the same alleged 

violation of the Act by the same recipient is the subject of a pending 

action in any court of the United States.